✦Journal · Film

Must new staff get their written terms on day one?

TS
Daniela Morales

The employer must provide the principal statement on the first day of employment, and the wider written statement within 2 months of the start of employment. An employer must check that a job applicant is allowed to work for them in the UK before they employ them, register before the first payday, and get Employers' Liability insurance as soon as they become an employer.

What the film covers

Questions the film answers

How do I hire restaurant staff in the UK for the first time?

In order: decide whether each person is an employee, get employers' liability insurance, register as an employer with HMRC before the first payday, advertise, do a right to work check before the person starts, give the principal written statement on day one and the wider statement within 2 months. Then run the rota and pay the right hours.

Do I need a written contract for restaurant staff?

An employment contract starts as soon as someone accepts a job offer, and GOV.UK says it does not have to be written down. A written statement of employment particulars is a separate document that must be given when a person starts work, and it is not an employment contract. The principal statement is due on the first day.

What goes in a written statement of employment particulars?

At least the employer's name, the person's name, job title and start date, pay, hours and days of work, holiday, place of work, expected job length, probation length and conditions, other benefits and obligatory training. Sick pay, other leave and notice periods are also due on day one. Pensions and disciplinary procedures follow within 2 months.

Do I need employers' liability insurance for part-timers?

Yes, when the part-timers are employees. GOV.UK lists only two exceptions: employing only a family member, or someone based outside England, Scotland and Wales. The insurance must cover at least £5 million and come from an authorised insurer. A restaurant can be fined £2,500 every day it is not properly insured.

How does a right to work check work in a restaurant?

Before the person starts, the owner checks online with the person's share code or checks original documents. British and Irish citizens do not get a share code, so their original documents, such as a passport, are checked. Keep copies for the length of employment plus 2 years, and record the date of the check.

Can I use zero hours contracts in a restaurant?

GOV.UK's guidance gives a restaurant covering busy periods as an example use. The employer does not guarantee any work, but workers keep employment rights, holiday and the minimum wage. Exclusivity clauses are not allowed, so the restaurant is not allowed to stop these workers from taking other work. The guidance warns that the law will change when the Employment Rights Act 2025 is fully implemented.

Read the full articleHiring Restaurant Staff UK: Contracts, Checks, CostA rushed hire in a restaurant can cost far more than the wage, because skipped legal steps carry their own penalties, and the penalties do not wait for the first payslip.